Union Membership

News & Analysis as of

Withdrawal Liability - A Concealed but Potentially Devastating Assessment

During the past several years a hidden liability has been lurking in the shadows. This hidden threat is known as withdrawal liability and is a critical issue that any employer with a unionized workforce needs to be cognizant...more

New Kazakhstan Law on Trade Unions and Amendments to the Labour Code

Under the new law, trade unions are limited and monitored. New Law No. 211-V of the Republic of Kazakhstan on Trade Unions, dated 27 June 2014, (the Law) has been adopted in Kazakhstan. The Law came into force on 11...more

Mississippi's Right to Work State Status Made Stronger with Three New Bills

Mississippi's current Constitution, adopted in 1890, confirmed the State's intention to be a "right to work" state: It is hereby declared to be the public policy of Mississippi that the right of a person or persons to...more

Invalid NLRB Recess Appointments Mean Controversial Decisions Get a Second Look

In Noel Canning, the U.S. Supreme Court unanimously decided that President Obama’s January 2012 recess appointments to the National Labor Relations Board (“NLRB” or the “Board”) violated the Constitution. Non-union and union...more

Newark Sick Leave Law Update

The Newark Department of Child and Family Well-Being (Department) recently issued a press release on the City's new paid sick leave ordinance (Ordinance) together with FAQ forms for employees and employers. In the release,...more

NLRB ALJ Rules That An Interim Grievance Procedure Does Not Require An Arbitration Option

In a decision issued last week, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (“NLRB”) ruled that an interim grievance procedure between an employer and a newly-certified union did not have to...more

Bankruptcy Court Dismisses Class Action DFR Complaint Involving Airline Merger

One deliberately ironic facet of the 2004 film Howard Hughes bio-pic The Aviator (the one with Leonardo DiCaprio) is the fact that the airlines fighting for world dominance in the 1940s were Howard Hughes’ TWA and Juan...more

Healthcare Employers Must Be Consistent When Restricting Union Buttons and Other Insignia

The National Labor Relations Board ("NLRB" or "Board") recently held that a healthcare employer violated the National Labor Relations Act (NLRA) by prohibiting employees from wearing union protest stickers. See HealthBridge...more

The Changing Faces of Unions, Part II

As if to accentuate the timeliness of last week’s post on the surge in non-traditional union organizing, adjunct faculty organizing in the Twin Cities has been in the news again this past week. The Service Employees...more

NLRB Division of Advice Clarifies Duty to Bargain with Newly Certified Union over Discipline

Last week, the National Labor Relations Board’s Division of Advice issued a memorandum in which it clarified an employer’s duty to bargain with a newly certified union regarding the discipline of union-represented employees...more

Act Now Advisory: Unions Swim Against the Tide as Pension Issues Surface for Negotiations and Organizing

Contributions to multiemployer defined benefit pension plans have been a mainstay, legacy feature of union negotiations in many industries. But the fabric of such staples may be tearing apart as employers contemplate the...more

CFPB Employee Review Disparities Go Beyond Race

The American Banker reported this week that the CFPB released an internal report that shows the disparities in employee evaluations on which we previously reported go beyond race. The report showed “statistically significant...more

Adjudicator’s Award Was Shaming Of Union Officials For “Ongoing Campaign”, Harassment Of Member Which Breached Duty Of Fair...

A union member has won a legal battle against local union officials after they engaged in a “campaign” against him that attacked his credibility and resulted in him being subjected to a harassment complaint. ...more

Is the NLRB’s Brown University Decision on Its Last Leg?

The National Labor Relations Board’s treatment of college and university students as “employees” covered by the National Labor Relations Act has been the subject of a tortured history. In the Fall of 2000, in a case...more

Labor & Employment E-Note - May 2014

In This Issue: - Disability Policies and Forms May Violate ADA, EEOC Says - Court Draws the Line Between Attendance and Physical Presence - Using Medical Condition in Hiring Has ADA Implications, EEOC Says -...more

Cultivating Labor Peace With Adjunct Faculty

The wave of media attention highlighting the working conditions of adjunct professors in academia across the nation is difficult to miss these days. Even Congress has become involved. The House Education and Workforce...more

NLRB Evaluating Employer Prohibitions Against Use of Email for Nonbusiness Purposes

On May 1, 2014, the National Labor Relations Board (the "Board") issued an announcement inviting interested parties to submit briefs on the question of whether employees who are permitted to use their employer's email systems...more

Northwestern University's Football Team Is Scheduled To Vote On Union Representation

At the end of March, in a landmark decision, the Regional Director of the National Labor Relations Board (NLRB) in Chicago held that Northwestern University’s scholarship football players are “employees” who can vote to be...more

Right to Work and “Fair Share”

As a general proposition, employees in “right to work” states may not be required to become union members, maintain union membership or pay union fees in order to obtain or retain employment. In “union security” states, on...more

Benefits For Employees Over Age 65

As of December 2006, the Ontario Human Rights Code was amended to abolish mandatory retirement. However, the provincial government intentionally did not make corresponding revisions to the Employment Standards Act or the...more

Union Membership Continues To Decline According To New Data Released By Department Of Labor

On January 23, 2012, the U.S. Department of Labor issued its annual report on union membership. The report tracks statistics and trends for both union membership — defined as wage and salary workers who reported being members...more

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